- 1 - NC: 2025:KHC-D:6754 CRL.RP No. 100052 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100052 OF 2019 (397(CR.PC)/438(BNSS)) BETWEEN: GANGAPPA HANAMANTH CHABBI @ UNAD AGE: 45 YEARS, OCC. COOLIE, R/O. ANAGAWADI, TQ. BILAGI, DIST. BAGALKOTE-587116. …PETITIONER (BY SRI. ROHIT S. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY PSI BILAGI, POLICE STATION, BILAGI, TQ AND DIST: BAGALKOTE, R/BY. S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. SEEKING THAT THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE PASSED IN CRL.A.NO.44/2016 DATED 21.01.2019 FOR THE OFFENCES PUNISHABLE UNDER SECTION 326 OF IPC ON THE FILE OF THE PRINCIPAL DISTRICT & SESSIONS JUDGE, BAGALKOTE BE SET ASIDE. CONSEQUENTLY THE JUDGMENT PASSED IN CC NO.5/2013 DATED 19.03.2016 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC BILAGI BE CONFIRMED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.24 14:32:50 +0530 - 2 - NC: 2025:KHC-D:6754 CRL.RP No. 100052 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) A memo is filed by learned counsel for the revision petitioner. Memo reads as under: “Herein the Advocate for Rev. Petitioner submit and file this memo as under: 1. That the Criminal Revision Petitioner through oversight has filed the present revision petitioner challenging the conviction order passed in Criminal Appeal No.44/2016 passed by Prl. District and Sessions Judge Bagalkot. 2. In fact against the conviction order passed in criminal appeal was required to be challenged in criminal appeal U/S. 397 of criminal procedure code. Hence with the liberty to prefer appeal challenging criminal appeal No.44/2016 before this Hon’ble court the present Revision Petition may be disposed off. It is submitted that pending proceedings of this revision may be considered for limitation in filing the criminal appeal. Hence it is humbly prayed that with a liberty to file criminal appeal the present revision petition may be disposed off in the ends of justice.” - 3 - NC: 2025:KHC-D:6754 CRL.RP No. 100052 of 2019 2. Present petition is filed against the order of conviction of the revision petitioner passed by the First Appellate Court based on the appeal filed by the de-facto complainant. Since, the conviction order is passed by the First Appellate Court, same needs to be challenged by filing an appeal before this Court and not by filing the revision petition. Therefore, revision petition is dismissed as not maintainable. 3. However, liberty is granted for the revision petitioner to file appropriate appeal in accordance with law. 4. Time spent by the revision petitioner in this revision petition, shall be excluded for the purpose of competition of limitation under Section 14 of the Limitation Act. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 2 SL NO.: 11